Should Strong Trademarks Receive Narrower Scope of Protection?

Trademark Law: Avoiding Confusion Among Consumers The original idea behind trademark law was to protect consumers. Under the current legal regime in the United States, the distinctiveness of a certain mark is what is actually protected under the law. However, the governing likelihood of confusion test, contrary to what its name suggests,... Czytaj dalej »

Have You Ever Tried to Define Creativity?

A question how constraints affect creativity has been a subject of an ongoing debate for decades. Not only psychologists, but also intellectual property law experts argue how restrictions promote or discourage creativity. Joseph Fishman’s article “Creating Around Copyright” inspired me to write how broad or narrow constraint scope contributes to increase in it. Fishman outlines nu... Czytaj dalej »